Gov. Rick Perry announced he had added legislation that would make it illegal for TSA agents to engage in “intrusive touching” at airports security checkpoints without probable cause to the list of items for the legislature to consider during the special session.

The measure had previously failed to pass in the Texas Senate after the Justice Department wrote a scathing memo against the bill that threatened legal action against the state and the bill became enmeshed in Senate politics.

In the letter, U.S. Attorney John Murphy warned that the legislation would “criminalize searches that are required under federal regulations” and would “conflict directly with federal law.”

Murphy also wrote that “Texas has no authority to regulate federal agents and employees in the performance of their federal duties or to pass a statute that conflicts with federal law.” He said the federal government would seek a court order to prevent enforcement of the law if it passed.

Otherwise, Murphy wrote, “TSA would likely be required to cancel any flight or series of flights for which it could not ensure the safety of the passengers and crew.”

Again, the States have got to stand up against this, if not now, when?